PUBLIC HOLIDAYS IN 2017

Any person exercising a professional activity in the private sector either under an undetermined, determined or apprenticeship contract is entitled benefit from the legal holidays (article L.232-1 of the COTRAV).

1. Statutory public holidays

There are 10 statutory public holidays divided as follows in 2017:

01/01/2017 New Year’s Day
17/04/2017 Easter Monday
01/05/2017 Labour Day
25/05/2017 Ascension Day
05/06/2017 Whit Monday
23/06/2017 National Day
15/08/2017 Assumption
01/11/2017 All Saints Day
25/12/2017 Christmas Day
26/12/2017 Boxing Day

2. Bank holidays (article 8.IV.A.b of the collective banking agreement)

The public holidays applicable according to the collective banking agreement are identical to those mentioned under point 1, to which we must add the following days:

14/04/2017 Good Friday
24/12/2017 Christmas Eve (afternoon only)

3. As a reminder, what are the rights of an employee who is not working during a statutory public holiday?

A- Statutory Public Holiday is a Sunday (article L.232-3 of the COTRAV):

If a statutory public holiday falls on a Sunday, the employee is entitled to a compensatory day to be taken within a period of three months from that day off.

However, if the schedule of the company does not allow it, the compensatory day must be granted before the expiration of the calendar year, with the exception of these holidays occurring during the months of November and December, which may be recovered during the first three months of the following year.

The compensatory day needs to be taken by the employee, as it may not be paid by way of financial compensation.

In 2017, one public holiday falls on a Sunday:

01/01/2017 New Year’s Day

B- Statutory public holiday falls on a business day (article L.232-6 of the COTRAV):

In this case, it is necessary to distinguish if the employee should or should not contractually work 4 hours or less that day.

Statutory public holiday on which the employee would not work:

If a statutory public holiday falls on a business day where the employee is not supposed to work, he is entitled to a compensatory day, to be taken within a period of three months, from that day off.

However, if the schedule of the company does not allow it, the compensatory day must be taken before the expiration of the calendar year, with the exception of public holidays in November and December, which may be recovered in the first three months of the following year.

Statutory public holiday on which the employee would normally work:

If a statutory holiday falls on a week day where the employee would normally have worked at least 4 hours, the said day is free, and the employee is entitled to a remuneration corresponding to the number of working hours equal to those who would normally have been worked during that day.

Statutory public holiday on which the employee would normally work 4 hours or less:

If a statutory public holiday falls on a week day where the employee would have worked 4 hours or less, he is entitled to a remuneration for the number of working hours equal to those who would normally have been worked during that day, and to half compensatory day off.

If this compensatory day off cannot be taken because of internal organisational reasons, the employee is entitled to receive a remuneration corresponding to the duration of the day off.